3.
Introduction to Surveillance.Surveillance is the collection of data on a person, object or ‘target’ with the explicit intentionof influencing or managing what that ‘target’ does or where it goes.Management’s ability to monitor, record and track employee performance, behaviors andpersonal characteristics in real time (internet/ telephone monitoring) or as part of broaderorganizational process.Surveillance is the collecting of information about people with the purpose of controllingtheir future behavior or actions with the information.Businesses use workplace surveillance as a way of monitoring the activities of theiremployees. Todays businesses often use information technology in their operations andcommunications. Business leaders have concerns related to employee misuse of availabletechnologies. Technology appropriate use policies are being developed by some businesses asa way to protect business interests. These policies define employee use that is appropriate andother uses that are subject to scrutiny. Businesses are also implementing surveillance systems.

4.
General principles for surveillance.All workplace policies and procedures which may raise surveillance issues should beassessed against the following five point checklist.1. OpennessWorkers are entitled to know what forms of surveillance are being used and what they arebeing used for. Hidden surveillance or the use of the information it produces can destroy trustin the workplace.2. ConsentIf a worker is to be the subject of a particular form of monitoring, he or she should havespecifically agreed to it, either through a clause in a contract or through a separate agreement.3. ConsultationNew forms of surveillance should not be introduced without meeting standards of proceduralfairness. Informing or consulting with unions and/or workers is the most appropriate meansof ensuring that surveillance policies are workable and fair.4. Private spaces.Workers should not be in fear of or subject to constant surveillance. All workers should beguaranteed areas, means of communication and periods during the day in which they can besure that they will not be monitored.5. ProportionalityA fair balance should be struck between the purposes of surveillance and the protection ofworker, privacy, dignity and autonomy. This means that surveillance should be (1) to meet alegitimate aim (2) necessary to meet that aim and (3) the least harmful means for workers ofmeeting that aim.There is also increasing academic interest in the impact of work intensification through newtechnologies in workplaces such as call centres, and the health and safety issues that can arisefor workers as a result. It may be that all e-mail and other policies should address this aspectas well

5.
TypesofSurveillance1. Covert Surveillance"Surveillance is covert if and only if it is carried out in a manner that is calculated to ensure that thepersons who are subject to the surveillance are unaware that it is or may be taking place.Cannotundertake Covert surveillance under any circumstance, without written authority of a covertsurveillance authority.A covert surveillance authority will only authorize covert surveillance if there is just cause tobelieve that there is a valid reason to believe that a wrong doing has occurred/ is occurring2. Overt surveillanceThis occurs where adequate notice has been given to the subject of the surveillance and thesubject is aware that he/she is being monitoredMust explicitly define; how and when and where surveillance will be undertaken, the purposeof surveillance and the information collected. When implementing overt surveillance itshould excludes restrooms, bathrooms, change rooms etc & must display warnings at everyentry point at which surveillance is undertakenIt must not be used in a discriminate manner (age, sex, religion, Ethnicity).Employers would need to comply with the Following eight legislative principles whenundertaking overt surveillance:1. Overt surveillance should not be used in such a way that it breaches an individual’s Reasonable expectation of privacy.2. Overt surveillance must only be undertaken for an acceptable purpose.3. Overt surveillance must be conducted in a manner which is appropriate for purpose.4. Notice provisions shall identify the surveillance user.5. Surveillance users must be accountable for their surveillance devices and the consequences Of their use.6. Surveillance users must ensure all aspects of their surveillance system are secure.7. Material obtained through surveillance to be used in a fair manner and only for the purposeObtained.8. Material obtained through surveillance must be destroyed within a specified period.

6.
Methods ofSurveillance1. Telephones surveillanceToday the United States has at least 130 million cell phone users. All are subject toincreasingly precise tracking with cell phone surveillance technology. The infrastructure thatsupports such tracking has evolved rapidly through a series of technical, legal, and politicalmutations, all stemming from the choices of highly interested actors. The resultingconfiguration of laws, networks, and corporate interests determines who is able to use thephone system to gather information about the mobility, not only of individuals, but of thepopulation as a whole.The telephone, is the most important piece of equipment a person conducting surveillanceuses. The telephone is one of the major communication medium you obtain and passinformation with.Advantageous of Telephones surveillance Telephone tappingTelephone tapping is the monitoring of telephone and Internet conversations by a third party,often by covert means. The wiretap received its name because, historically, the monitoringconnection was an actual electrical tap on the telephone line. Legal wiretapping bya government agency is also called lawful interception. Passive wiretapping monitors orrecords the traffic, while active wiretapping alters or otherwise affects itThe official and unofficial tapping of telephone lines is widespread. In the United States forinstance, the Communications Assistance For Law Enforcement Act (CALEA) requires thatall telephone and VoIP communications be available for real-time wiretapping by Federal lawenforcement and intelligence agencies. Two major telecommunications companies in the U.S.-- A AT&T and Verizon—have contracts with the FBI, requiring them to keep their phonecall records easily searchable and accessible for Federal agencies, in return for $1.8 milliondollars per year. Between 2003 and 2005, the FBI sent out more than 140,000 "NationalSecurity Letters" ordering phone companies to hand over information about their customerscalling and Internet histories. About half of these letters requested information on U.S.citizens.

7.
Video facilityIn place of the video surveillance cameras currently installed on the exteriors of buildings, oncity-owned poles and in other public places, the security industry will instead install cellulartelephones ("digital radios"). Unlike video cameras, even those that are outfittedwith wireless transmitters, so-called "cell-phones" are fully integrated, multi-purpose devices.They can be outfitted with tiny digital cameras that can take high-quality stills or movingpictures, can be controlled by remote units, and can use microwaves to transmit images tofar-away locations almost immediately after taking them.Example: - MobitelFeaturesReal-time video monitoring on your mobile phone & on your laptopRecording and playback facilityProprietary Multi-streaming video technology, TeleEye SMAC-Mvideo coder generates 5independent video streams for superb recording and optimal transmission with minimalbandwidth utilizationEmail/SMS notificationsFree mobile applications for a wide array of mobile phones ranging from J2ME supportedphones to high end smart phones(IOS, Android, Symbian)Digital Outputs for event triggering (e.g. Burglar alarm)To collect location dataMobile phones are also commonly used to collect location data. The geographical location ofa mobile phone (and thus the person carrying it) can be determined easily (whether it is beingused or not), using a technique known multilateration to calculate the differences in time for asignal to travel from the cell phone to each of several cell towers near the owner of the phone.A controversy has emerged in the United States over the legality of such techniques, andparticularly whether a court warrant is required. Records for one carrier alone (Sprint),showed that in a given year federal law enforcement agencies requested customer locationdata 8 million times

8.
2. Biometric surveillanceWe all know that ensuring the safety and security of the workplace is essential for allemployers. The difficulty for employers comes in finding ways to achieve this objective in anefficient and cost-effective manner. Many different forms of security measures are available.Hired security guards are highly visible deterrents to unauthorized access and theft, but canbe prohibitively expensive. Pass-card systems are readily available, but can be manipulated orbreached by wrong-doers with the technical know-how.Some employers have also introduced biometric scanning technologies to limit and trackaccess to the workplace. Biometric scanners digitally scan unique physical characteristics(examples include a person’s iris, fingerprint, or hand geometry) and therefore can limitaccess to the workplace to only those authorized persons whose unique physicalcharacteristics are stored in the company’s computer system.Biometric surveillance refers to technologies that measure and analyze human physicaland/or behavioral characteristics for authentication, identification, or screeningpurposes. Examples of physical characteristics include fingerprints, DNA, and facial patterns.Examples of mostly behavioral characteristics include gait (a persons manner of walking) orvoice.Facial recognition is the use of the unique configuration of a persons facial features toaccurately identify them, usually from surveillance video. Both the Department of HomelandSecurity and DARPA are heavily funding research into facial recognitionsystems. The Information Processing Technology Office, ran a program known as HumanIdentification at a Distance which developed technologies that are capable of identifying aperson at up to 500 ft. by their facial features.Another form of behavioral biometrics, based on affective computing, involves computersrecognizing a persons emotional state based on an analysis of their facial expressions, howfast they are talking, the tone and pitch of their voice, their posture, and other behavioraltraits. This might be used for instance to see if a person is acting "suspicious" (lookingaround furtively, "tense" or "angry" facial expressions, waving arms, etc.).A more recent development is DNA fingerprinting, which looks at some of the major markersin the bodys DNA to produce a match. The FBI is spending $1 billion to build a newbiometric database, which will store DNA, facial recognition data, iris/retina (eye) data,fingerprints, palm prints, and other biometric data of people living in the United States. The

9.
Los Angeles Police Department is installing automated facial recognition and license platerecognition devices in its squad cars, and providing handheld face scanners, which officerswill use to identify people while on patrol. 3. Corporate surveillanceCorporate surveillance is a term that is used to describe any type of discreet monitoring ofactivities within a business or within the industry associated with that business. When thistype of surveillance is utilized internally, the goal is usually to protect the interests of thecompany. This is done by using various forms of employee monitoring to make sure allpolicies and procedures are being followed, and that employees are conducting themselvesand their use of company property in a manner that is considered ethical and legal. Insituations that relate to monitoring the activities of major competitors, corporatesurveillance will typically involve monitoring media outlets as well as using technology tostay abreast of any information in the public domain that relates to those competitors.As an internal process, corporate surveillance often makes use of software that monitors theuse of computers by employees. Sometimes referred to as computer spyware, the purpose ofthe software is to make sure the equipment and the links to the Internet are being utilized forbusiness rather than personal usage. Often, the corporate spyware makes it possible to accessemails sent and received, track searches conducted using various search engines, and identifyweb sites that are visited. This type of activity is often considered necessary to maintainproductivity and make sure employees are focused on successfully completing tasksassociated with their job responsibilities.Corporate surveillance is the monitoring of a person or groups behavior by a corporation.The data collected is most often used for marketing purposes or sold to other corporations,but is also regularly shared with government agencies. It can be used as a form of businessintelligence, which enables the corporation to better tailor their products and/or services to bedesirable by their customers. Or the data can be sold to other corporations, so that they canuse it for the aforementioned purpose. Or it can be used for direct marketing purposes, suchas the targeted advertisements on Google and Yahoo, where ads are targeted to the user of thesearch engine by analyzing their search history and emails (if they use free webmailservices), which is kept in a database.

10.
4. Internet surveillanceIs the active surveillance of the user’s Internet activities? When users operate a computeron the Internet, a record of the sites that were visited and the operations that wereperformed by the user can be generated by Internet surveillance software. Also known asspyware this software is able to track the user’s activities and report it to the administrator.The administrator can then report this to the employer with various techniques.5. Video surveillance Video monitoring is a commonplace method of deterring theft, maintaining security and monitoring employees. For example, a bank may utilize video monitoring to prevent or collect evidence on a robbery. A company may also use video monitoring in a parking garage as a security measure for employee safety. Employers may also use cameras to monitor employee productivity and prevent internal theft. Uses of video surveillance • Protection from the risks of internal and external theft • Protection of premises from threats such as sabotage, arson and vandalism; • Monitoring individual employee work performance (ie productivity); • To improve customer service by observing peak periods and planning the Allocation of staff throughout the day; • To assist in staff training; • To enhance health and safety standards; • To ensure that employees comply with legal obligations; • To protect employers from liability and unfair dismissal claims; • To monitor production processes (including for machine malfunction); • For a range of other purposes (e.g. investigation of compensation claims by Employees – although this is often conducted outside the workplace);

11.
6. Computer surveillanceThe monitoring recording, by means of software or other equipment of the information inputor output, or other use, of a computer used by the employee.Uses of computer surveillance Preventing excessive personal use of computersEmployers want to ensure that employees are not wasting time by using their computers forrecreational or other personal purposes when they should be working – in particular, bysurfing the internet and sending personal emails•Preventing bandwidth drain resulting from personal use of computersRecreational use of the internet at work by employees ‘can also have a devastating effect ona company’s bandwidth. Employees who download music, pay bills online, play games orjust browse the web impede the work-related activity of colleagues• Preventing actions that may otherwise harm employer: e.g. leaking secretsEmployers also undertake computer surveillance to minimize the risk of employees viewing,taking or leaking (intentionally or unintentionally) confidential information or trade secrets tothird parties, including competitors. In other words, to guard against the risk of employeesviolating the employer’s privacy. Other ways in which Employee’ computer use has thepotential to harm their employer include defrauding the Business of funds and posting on theinternet, or circulating by email, views or Information that are damaging to the reputation ofthe business.• Protecting security of computer system from external threats• Blocking Spam e-mails - Employers block Spam emails, which have been sent toemployees and which, amongst other things, can waste employees’ time and reduceproductivity.• Performance monitoring and quality assurance Computer surveillance may be used to monitor ‘the performance of employees, such as Data entry operators, who spend the majority of their work time on a computer

12.
The way in which Workplace Surveillance is regulated.When considering the current situation in Sri Lanka, still there is no regulations developedfor ‘Workplace Surveillance’ but in countries like New South Wales and Australia, there areseparate acts passed by the relevant governments regarding the Workplace Surveillance.Workplace video surveillance Act 1998 in New South Wales.Generally, the Workplace video Surveillance Act Prohibits the surveillance by employers of their employees at work except where employees have been given notice or where the employer has a covert surveillance authority. Covert surveillance authorities can only be issued by a Magistrate for the purpose of establishing whether or not an employee is involved in any unlawful activity at work; Applies to camera surveillance, computer surveillance and tracking surveillance. Extends beyond the workplace to any place where an employee is working; Prohibits surveillance in a change room, toilet facility or shower or other bathing facility at a workplace; Restricts and regulates the blocking by employers of emails and Internet access of employees at work. In particular it prevents employers from blocking access to emails or Internet sites because the content relates to industrial matters;General notice requirements Written (or emailed) notice must be given at least 14 days prior to any surveillance commencing, indicating the kind of surveillance to be carried out (camera, computer or tracking), how the surveillance will be carried out, when the surveillance will start etc. For new employees notification must be given before they start work. Cameras used for the surveillance must be clearly visible in the place where the surveillance is taking place. Signs must also notify people that they may be under surveillance in that place and must be clearly visible at each entrance to that place. There must be a notice clearly visible on the vehicle or other thing that is being tracked, indicating that the vehicle or thing is the subject of tracking surveillance.

13.
Additional computer surveillance notice requirements Computer/Internet/email surveillance of an employee must not be carried out unless the surveillance is carried out in accordance with a policy of the employer on computer surveillance of employees at work. The employee must be notified in advance of that policy Monitoring and recording of the use of a computer such as taking back-ups, for instance, were to be used to conduct surveillance to facilitate the reading of somebodys emails that would need to be notified to employees; otherwise it would be considered to be covert surveillance. Emails: The Act also places restrictions on the blocking of emails. Employers will be required to give notice to an employee on any occasion when an e-mail message sent by or to the employee is blocked.Workplace Privacy Act 2011 in Australia.The Australian Capital Territory has introduced workplace surveillance laws as a response toconcerns that security cameras and other monitoring devices were beinginstalled in workplaces without the knowledge of employees.The Workplace Privacy Act 2011 (ACT) (the Act) will operate in a similar manner to theNew South Wales regime, which has been in place since 2005. The Explanatory Statementprovides that the object of the Act is to ensure that employers inform and consult withemployees on any surveillance that takes place in the workplace, specifically any optical, dataand tracking surveillance.In order to conduct ordinary surveillance of a workplace, the Act requires employers to gothrough a process of notification and consultation prior to implementing the surveillance. Thenotification must outline the manner in which surveillance will be conducted and whatthose surveillance records may be used for. The notification may take the form of asurveillance policy that is issued to all employees, or individual notices. A consultationperiod of 14 days must be in place following the initial notice of surveillance.The Act also provides that an employer may make an application to the Magistrates Court forcovert surveillance, where they can demonstrate: a reasonable suspicion that an employee is engaging in unlawful activity

14.
that covert surveillance is necessary to prevent the unlawful activity, and the covert surveillance is conducted by a nominated responsible person authorized by the Magistrate.The Act prohibits any form of surveillance in areas where there is a heightened expectationof privacy, such as prayer rooms, bathrooms or change rooms.The provisions relating to prohibited surveillance commenced on 10 March 2011. Theremainder of the Act commences operation on 24 August 2011.

15.
Advantages & Disadvantages of Work place Surveillance Advantages1. Discourage many wrong doings and it gives employers the opportunity to spot check how their employees work. This can be useful to increase the productivity and,at the same time management can stop inappropriate and harmful behavior .2. Ensure workplace safety and security by eliminating theft and losses to the organization.3. It will help to ensure company procedures, management supervision are being implementing smoothly.4. Reducing exposure to liability risk. Normally significant legal obligations fall upon all employers. For an example employer may be liable for employee misconduct such as computer hacking, violation of security laws,workplace harassment and discrimination. Surveillance Technologies can prevent those issues in to some extent.5. Surveillance can be used to control the cost. When employee download irrelevant material off the internet, call friends or steal stationary they add to their employer’s cost. Work place surveillance is an effective tool for eliminating these unnecessary expenses.6. Employees remain safe and focus on their work7. Eliminate leaking of confidential material.8. Recover important communications that have been lost. If an employee’s work was lost due to a power outage, a problem with PC or a mistake now it will always be logged and can retrieved safely. Disadvantages1. Continuous observing can lead to distrust and resentment. It will be a reason for demotivation. Using surveillance to monitor employee may damage mutual trust between employees and management creating suspicion and tension in the workplace. It will lead to increased industrial dispute.2. Have to bear high cost to purchase Surveillance equipments3. Difficult to protect Employee privacy. Workplace surveillance can serve as a tool for the employer to illegally gain access to Intellectual Property

16.
Practical examplesSurveillance practices at LogiwizTelephone calls MonitoringThe system itself checking and monitoring the outgoing calls from the extensions.Automatically it records the outgoing calls which exceeds the time bound of 8 minutes.Those details are sum up in a report type monthly bill and circulate to the relevant departmentand all the managerial staff members.E-Mail MonitoringFrequency of using e-mail facility also checking across the system and the capacity ofmaximum documents attachment is limited to 2 MG. When the user exceeds the givencapacity, the details are automatically store in the system and will monitor and follow up atthe end of the month.CCTV MonitoringThe employees behavior is monitoring through out the work time and store in the system forany investigation and security system always keep their eyes on to the recordings.Web Browsing LimitationsWeb browsing accesses are denied for some selected entertainment web sites like Facebook,Yahoo etcLocation MonitoringThere are more than 10 Logiwiz locations island wide. Therefore specially appointed groupvisits these locations randomly and gather details based on wide scope of criteria.Monthly Night work RosterSecurity officers do walk around the warehouse after the end of general work time scheduleand seal the working area and warehouse until it open in next day morning

17.
Practical issues of surveillanceTotalitarianismPrograms such as the Total Information Awareness programs have led many groups to fearthat society is moving towards a state of mass surveillance with severely limited personal,social, political freedoms.Practices like COINTELPRO also highly impact on individual’s freedom and privacy. This isstands for Counter Intelligence Program) and this was a series of covert, and oftenillegal, projects conducted by the United StatesFBI aimed at surveilling, infiltrating,discrediting, and disrupting domestic political organizations.Some point to the blurring of lines between public and private places, and the privatization ofplaces traditionally seen as public (such as shopping malls and industrial parks) as illustratingthe increasing legality of collecting personal information.Traveling through many public places such as government offices is hardly optional for mostpeople, yet consumers have little choice but to submit to companies surveillancepractices. Surveillance techniques are not created equal; among themany biometric identification technologies, for instance, face recognition requires the leastcooperation. Unlike automatic fingerprint reading, which requires an individual to press afinger against a machine, this technique is subtle and requires little to no consent.Psychological/social effectsSome critics, such as, believe that in addition to its obvious function of identifying andcapturing individuals who are committing undesirable acts, surveillance also functions tocreate in everyone a feeling of always being watched, so that they become self-policing. Thisallows the State to control the populace without having to resort to physical force, which isexpensive and otherwise problematic.PrivacyNumerous civil rights groups and privacy groups oppose surveillance as a violation ofpeoples right to privacy.Legislative proceedings such as those that took place during the Church Committee, whichinvestigated domestic intelligence programs such as COINTELPRO, have also weighed thepros and cons of surveillance.

18.
How HR Manager can intervene in surveillance?In many ways HR manager can intervene in surveillance. Basically the purpose might beinfluencing, managing, directing, or protecting of individuals and groups. But in somescenarios surveillance can create positive effects and sometimes negative, due to itsambiguity. Therefore Employees may think it is threat to their privacy & dignity.Due to surveillance, there is a probability of emerging conflicts between top management andemployees. In such situations, HR manager should be responsible to play an impartial rolebetween the two parties, since both the parties are equally valuable to the company.It is important to develop a surveillance policy within the company and update company’sstanding instructions according to the policy. In here HR manager can specifically mentionthe purpose of their surveillance policy and what are they trying to achieve through this kindof a policy. In most of the times, objectives are to increase productivity, reduce wastage andimprove work place security. HR manager should also make sure that he/she is effectivelycommunicating the requirement of a surveillance policy within the company. There should bealso a room for questions which would further clarify the policy and HR manager as theresponsible person should always ensure that everything is communicated effectively to theiraudience.The purpose of the policy should be always evolved around directing and protectingemployees in the organization. Within a hassle-free, protective atmosphere, the overalleffective and efficiency is higher. Therefore through a written agreement of policy HR canobtain an opportunity to monitor employees without harming their privacy.Creating awareness is an extremely important stage when introducing this kind of a newpolicy to the company. Therefore HR manager should organize awareness programmes withregards to the surveillance policy in order to demonstrate practically how it works withoutharming their privacy. In here also effective communication plays a vital role. After athorough analysis HR manager can decide the way they should target each audience togetherwith ideal strategies in communicating the policy.